OIL AND GAS RECEIVABLES · TEXAS

The Operator Says There’s No Contract. Your Field Tickets May Tell a Different Story.

By Brillman, Schultz & Associates · October 8, 2026

A drilling superintendent needs a crew on location by Thursday. Your dispatcher sends the trucks. The company man signs the field tickets. The master service agreement, or MSA, is still waiting for signatures.

The first invoices get paid. Then a new controller arrives, the operator changes ownership, or the next check run never comes. When you follow up, accounts payable asks for an executed MSA.

You don’t have one.

A missing signed MSA does not automatically make an oilfield invoice uncollectible. The work requested, the deliveries accepted, the rates discussed and the operator’s payment history may all matter. The next step is to organize what the account actually shows.

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Start with what you supplied

Oilfield invoices often combine labor, materials and rental equipment. Those categories can face different Texas writing requirements.

Separate the charges before responding to the missing-contract objection. For transactions mixing goods and services, counsel should determine which rules govern.

Services may not require a signed agreement

Texas’s general statute of frauds applies to specified agreements, including certain promises to pay another party’s debt and agreements that cannot be performed within one year. It does not impose a blanket signature requirement on ordinary oilfield services.

A large service invoice does not trigger that statute solely because of its amount. Likewise, delayed payment does not automatically turn a short job into an agreement incapable of performance within a year.

Keep personal payment promises separate from the company’s obligation. A verbal assurance from an owner does not necessarily create an enforceable personal guaranty.

Source: Texas Business & Commerce Code Section 26.01.

Delivered goods can change the discussion

For goods priced at $500 or more, Section 2.201 generally requires a sufficient signed writing, subject to exceptions.

One important exception concerns goods the buyer received and accepted. Records showing that chemicals were delivered and used, or that pipe was accepted for the job, may therefore matter even without an executed MSA. Removing a writing defense does not resolve every other possible dispute.

Other exceptions concern accepted payments, qualifying specially manufactured goods and admissions in court. Earlier paid invoices can support the relationship history; they do not automatically establish an exception for separate unpaid deliveries.

Between merchants, a qualifying written confirmation can satisfy the writing requirement unless the recipient objects in writing within ten days of receipt. Silence alone does not prove every contract term or establish that money is owed. Preserve the confirmation, delivery evidence and any objection for review.

Source: Texas Business & Commerce Code Section 2.201.

Rental equipment has its own rules

A frac tank rental is different from a tank sale. Under Section 2A.201, lease payments totaling $1,000 or more generally require a sufficient signed writing unless an exception applies.

The statute includes an exception for equipment received and accepted by the lessee. When that exception applies without a written or court-admitted lease term, the statute provides for a reasonable term.

Keep delivery and pickup dates, equipment identifiers, rental-rate communications and usage records together. Those details help establish what was supplied and the period being billed.

Source: Texas Business & Commerce Code Section 2A.201.

Field tickets should tell the whole story

A field ticket can connect an invoice to a particular job, date and person on location. Its value increases when the details match the invoice.

Look for:

• The signer’s printed name, title and company.
• The well, lease, location, purchase order or AFE number.
• The dates, hours, quantities and equipment supplied.
• Supporting dispatch records, delivery documents and rate approvals.

If the operator questions the signer’s authority, preserve the communications identifying that person’s role and earlier invoices supported by their tickets. Counsel can assess whether the facts establish authority to approve the work or bind the operator.

A signature acknowledging that a crew was present may carry a different meaning from a signature approving rates. Read the ticket language carefully.

An unsigned MSA leaves questions on both sides

Do not assume the operator can enforce every term in an unsigned MSA. Do not assume those terms disappear either.

Purchase orders, emails, incorporated documents and the parties’ conduct may affect which terms apply. Payment windows, invoice-submission requirements, setoffs and lien waivers deserve specific review.

The practical question is broader than whether one document was signed: What did the parties agree to, and what evidence supports that agreement?

Build one complete account file

Before the next collection call, bring the records together.

Check dispatchers’ and supervisors’ messages as well as accounting’s inbox. A promise to include an invoice in the next check run may be useful evidence, though its effect depends on the context and sender.

Check deadlines before the dispute drags on

Some qualifying oilfield claims may support a Texas mineral-property lien. Chapter 56 generally requires filing the lien affidavit within six months after the indebtedness accrues. A mineral subcontractor must also serve the required notice at least ten days before filing.

Accrual is not necessarily the invoice due date. Section 56.005 provides specific rules tied to labor and the furnishing of materials or services. Eligibility, property coverage and the correct deadline require account-specific review.

Do not wait for accounts payable to finish debating the MSA before getting counsel to assess lien rights and other filing deadlines.

Source: Texas Property Code Sections 56.005 and 56.021.

Move the account toward a decision

Start with five practical steps:

1. Separate services, goods and rental charges.
2. Identify the customer’s correct legal entity and the affected jobs.
3. Organize the supporting records and reconcile the balance.
4. Have counsel assess deadlines and any disputed contract terms.
5. Present a clear written demand identifying the invoices, supporting evidence and requested payment date.

Ask the operator to identify its specific objection: authorization, rates, quantities, performance or missing administrative paperwork. That gives the conversation a concrete issue to resolve.

Where attorney’s fees may be recoverable, Texas Section 38.002 includes claim-presentment and a 30-day payment condition. A demand alone does not guarantee fee recovery; counsel should assess the applicable requirements.

Source: Texas Civil Practice & Remedies Code Section 38.002.

This article provides general information for commercial creditors, not legal advice. Brillman, Schultz & Associates is not a law firm. Contract rights, lien eligibility and deadlines depend on the facts and applicable law.